Limitation Periods and COVID-19: Where Do Things Stand?
Courts across Canada shut down for a period of time in 2020 to respond to the COVID-19 pandemic. Several provinces and one territory suspended limitation periods in civil matters during […]
The Supreme Court of Canada Clarifies the Application of the Duty of Honest Performance in the Context of the Exercise of Unilateral Termination Clauses
On December 18, 2020, the Supreme Court of Canada released its decision in C.M. Callow Inc. v Zollinger,[1] in which it took the “opportunity to clarify what constitutes a breach […]
Seller Beware: Ontario Court of Appeal Confirms that a Purchaser’s Inspection does not always Relieve the Vendor of Liability for Misrepresentations
The general rule regarding the purchase of real property is that the purchaser must satisfy himself or herself of the suitability of the property he or she seeks to purchase […]
Rules Modernization in Ontario – O.Reg. 689/20
If there is a silver lining to the disruption caused by the coronavirus pandemic in the Ontario justice system, it is the modernization of the Court system which is generally […]
WeirFoulds litigators recognized in the 2020 Lexpert Special Edition – Canada’s Leading Litigation Lawyers
WeirFoulds is pleased to announce that eight of our partners have been recognized in the 2020 Lexpert Special Edition – Canada’s Leading Litigation Lawyers. This year, our listed lawyers include: […]
Webinar: Commercial Litigation – Professionalism Issues in a Virtual World
In this webinar some of our commercial litigators discuss Professionalism Issues in a Virtual World (tailored for small firms and sole practitioners). Topics and speakers include: Panel 1: Ethical and […]
Transportation Notes: Should Expert Reports on the Interpretation of the Montreal Convention Be Allowed in Challenge to Canadian Air Passenger Protection Regulations?
Canada’s Air Passenger Protection Regulations (the “APPRs”) came into effect in two stages in July and December 2019. Even before the first tranche of provisions came into effect, the International […]
Supreme Court Clarifies the Law on the Duty of Care for Pure Economic Loss
A recent Supreme Court of Canada decision is a cautionary tale on the Court’s reluctance to award recovery in tort where parties fail to mitigate risks through contract. In 1688782 […]
WeirFoulds commercial litigator Nadia Chiesa recognized as a 2020 Lexpert Rising Star
WeirFoulds is pleased to announce that Nadia Chiesa, Partner and Co-Chair of the Caribbean Practice Group, has been named a Lexpert Rising Star 2020, Leading Lawyer Under 40. The winners […]
Transportation Notes: Air Passenger Rights Group Challenges CTA Statements on COVID-19 Vouchers
In the wake of travel restrictions and sweeping flight cancellations due to the COVID-19 pandemic, the Canadian Transportation Agency (“CTA”) issued two public statements on its website suggesting that it […]
Reflections on Half a Century in the Commercial Litigation Trenches – Part I
Articling Year I think that it is safe to say that I started my professional life as a commercial litigation lawyer the day I began my articles at the Fasken […]
WeirFoulds construction lawyers and law clerk talk to Daily Commercial News about COVID-19’s impact on litigation
In the October 30, 2020 article, “Legal Notes: Four ways COVID-19’s legacy will impact, contracts, litigation and labour” published by Daily Commercial News, WeirFoulds construction lawyers Faren Bogach and Kartiga […]
“Arising out of”: Adding Another Definition to Your Contractual Terms Dictionary
In Sky Clean Energy Ltd. (Sky Solar (Canada) Ltd.) v. Economical Mutual Insurance Company,[1] the Ontario Court of Appeal analysed a common feature of insurance arrangements in development projects – the extension […]
Court of Appeal Decides Against Overruling its Prior Decisions on s. 7(6) of the Arbitration Act
In Toronto Standard Condominium Corporation No. 1628 v. Toronto Standard Condominium Corporation No. 1636, 2020 ONCA 612, an appeal was brought from the order of a motion judge refusing to stay […]
Uber Arbitration Agreement not so Uber
Uber Arbitration Agreement not so Uber[1] In my April 16, 2018, blog,[2] I wrote about the Superior Court of Justice’s decision upholding the arbitration provisions in an Uber contract, and […]